Neutral Citation No. - 2025:AHC:78625 Court No. - 49 Case :- WRIT - B No. - 1863 of 2025 Petitioner :- Vikramajit Respondent :- State Of U.P. And 35 Others Counsel for Petitioner :- Ramesh Kumar Chaurasia Counsel for Respondent :- Azad Rai,C.S.C. Hon'ble J.J. Munir,J. 1. Heard learned Counsel for the petitioner, learned Counsel appearing for the Gaon Sabha and the learned Standing Counsel appearing on behalf of the State. 2. The petitioner's suit, under Section 229-B U.P.Z.A & L.R. Act, 1950, was decreed ex parte by the Sub Divisional Officer, Tehsil Phoolpur, District Prayagraj vide judgment and decree dated 30.08.2023. The defendants to the suit, who are private respondents here, applied to have the decree ex parte set aside. The Sub Divisional Officer, vide his order dated 13.08.2024, found sufficient cause to set aside the decree and also remarked that the judgment supporting the decree was passed without mentioning what evidence has been considered. It is also noticed that though an order dated 28.08.2023 is mentioned in the judgment ex parte, no order-sheet of that date is there. The Sub Divisional Officer, by his order of 13.08.2024, set aside the ex parte decree dated 30.08.2023 and restored the suit to its original file and number. The petitioner assailed the order in Revision before the Board of Revenue, where, by the impugned judgment and order dated 05.11.2024, the order has been affirmed. 3. Upon a perusal of record, this Court is of opinion that the ex parte judgment is a slipshod determination of the rights of parties without consideration of the plaintiff's evidence. The Courts below have found that there is sufficient cause to set aside the decree. Despite strenuous efforts made by the learned Counsel for the petitioner to persuade us to the view that there was no sufficient cause, we are not inclined to agree. We think that the course of action, adopted by the Courts below, is not at all flawed, considering the entirety of circumstances. After all, justice, that is substantial and done after hearing parties, is invariably favoured over default justice. At the same time, we must remark that in this State, in the Civil and Revenue jurisdictions, it has become the practice of litigants, and if I may dare say, the learned Members of the Bar to deliberately allow the proceedings to go ex parte and then apply to have these set aside. The purpose of this standard defendants' strategy is put the clock back to the starting point in order to exasperate or exhaust the plaintiff of all his resources to fight for his right. This ought not happen and must be curtailed by Courts with an iron hand. Invariably, the setting aside of an ex parte decree should come with exemplary costs, unless the cause shown is very worthy. 4. We would have chosen that course and issued notice to the defendant-respondents on that short point, but the entirety of the facts here about service and the manner in which the ex parte judgment is written, does not persuade us to adopt that course. Nevertheless, we are of considered opinion that the proceedings of the suit, after restoration before the Sub Divisional Officer, should be expedited according to a schedule, which must be adhered to by the Sub Divisional Officer in deciding the suit. 5. In the result, while declining to interfere with the orders impugned, we direct the Sub Divisional Officer, Tehsil Phoolpur, District Prayagraj to proceed with the suit, fixing three effective dates of hearing every week and decide it within the period of three months. 6. The Sub Divisional Officer, Tehsil Phoolpur, District Prayagraj, on any of the dates fixed in the suit, shall not adjourn it on ground of engagement with the administrative work, howsoever important or on account of a resolution by the Bar asking their Members to abstain from professional duties. 7. Learned Counsel appearing in the suit, currently instructed or those might be instructed later on, shall be under a command of this Court to disregard any resolution of the Bar, asking them not to appear in Court, if and when passed. They will also disregard condolence resolutions and attend to their professional duties on the dates fixed in the suit. In the event of default, either on the part of the Sub Divisional Officer or the Members of the Bar, the person in default shall be answerable to this Court. 8. At the end of three months, from the date of communication of this order, the Sub Divisional Officer, Tehsil Phoolpur, District Prayagraj will submit a report to the learned Registrar General about compliance, which the learned Registrar General shall cause to be placed on the records of this Case with an endorsement made on the order-sheets. 9. This petition is disposed of in terms of the aforesaid orders. 10. Let this order be communicated to the Sub Divisional Officer, Tehsil Phoolpur, District Prayagraj through the learned Chief Judicial Magistrate, Allahabad by the Registrar (Compliance) within 72 hours. Order Date :- 14.5.2025 Deepak Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad